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Supreme Court Posts Gyanvapi Masjid Case On November 10 After Urgent Mentioning By Hindu Plaintiffs
Sohini Chowdhury
31 Oct 2022 7:36 PM IST
The Supreme Court, on Monday, agreed to post the Gyanvapi Masjid case on November 10, after an urgent mentioning was made by the Hindu plaintiffs.Advocate Vishnu Shankar Jain made an urgent mention before a bench comprising Justice Chandrachud saying that the matter was to be listed on 20th October 2022. The counsel pointed out that the Court's order to preserve the area where a Shivling...
The Supreme Court, on Monday, agreed to post the Gyanvapi Masjid case on November 10, after an urgent mentioning was made by the Hindu plaintiffs.
Advocate Vishnu Shankar Jain made an urgent mention before a bench comprising Justice Chandrachud saying that the matter was to be listed on 20th October 2022. The counsel pointed out that the Court's order to preserve the area where a Shivling was reportedly found in the Gyanvapi masjid premises during the survey will expire on 12th November, 2022.
"The difficulty is that the interim order is expiring on 12th November, 2022", the counsel said. The bench then agreed to post the matter on November 10.
The case is the special leave petition filed by Anjuman Intezemia Masjid Committee (which manages the Gyanvapi Mosque) challenging the survey ordered by the Varanasi Civil Court in a suit filed by five Hindu women seeking the right to worship the deities in the mosque premises throughout the year.
On May 17, the Top Court clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a "shivling" was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances.
On May 20, the Supreme Court transferred the suit to Varanasi District Court, observing that a senior and experienced judicial officer should deal with the matter considering the sensitivity of the issues involved. The Court directed that the District Court should hear the applications filed by the Masjid Committee under Order 7 Rule 11 CPC questioning the maintainability of the suit on priority.
On July 21, the Court adjourned the matter to October 20, to await the decision of the District Court. Recently, the District Court rejected the Masjid Committee's objection to the maintainability of the suit and held that the same was not barred by the Places of Worship Act 1991.
Last week, the Varanasi District Court dismissed an application filed by the plaintiffs for carbon-dating and scientific investigation of the "shiv ling". "If Carbon Dating or Ground Penetrating Radar is permitted and if any damage is caused to the 'Shiva Linga' then it would be a violation of the Supreme Court order to protect it and it might also hurt the religious sentiments of the general public," remarked the Varanasi Court.
